Case 3:18-cr-04683-GPC Document 219 Filed 10/16/20 PageID.2230 Page 1 of 3
`
`
`ROBERT S. BREWER, JR.
`United States Attorney
`MELANIE K. PIERSON
`SABRINA L. FEVE
`ASHLEY GOFF
`Assistant United States Attorney
`California Bar Nos. 112520/226590/299737
`880 Front Street, Room 6293
`San Diego, CA 92101-8893
`Tel: (619) 546-6786
`Sabrina.Feve@usdoj.gov
`Attorneys for the United States
`
`
`
`
`
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
`
`Case No. 18cr04683-GPC
`UNITED STATES OF AMERICA,
`
`
`
`Plaintiff,
`GOVERNMENT MOTION TO
`
`MODIFY BRIEFING SCHEDULE
`v.
`
`
`
`Honorable Gonzalo P. Curiel
`JACOB BYCHAK (1),
`
`MARK MANOOGIAN (2),
`
`
`MOHAMMED ABDUL QAYYUM (3),
`
`PETR PACAS (4),
`
`
`Defendants.
`
`
`
`
`
`
`
`
`
`
`Plaintiff United States of America, by and through its counsel, United States
`Attorney Robert S. Brewer, Jr. and Assistant U.S. Attorneys Melanie K. Pierson,
`Sabrina L. Fève, and Ashley E. Goff, hereby files its Motion to Modify the Briefing
`Schedule set forth at ECF No. 218. Due to scheduling conflicts for government counsel,
`the government moves for its’ opposition brief to be due by November 23, 2020 and for
`Defendants’ reply brief to be due on December 7, 2020. The government defers to the
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
`
`Case 3:18-cr-04683-GPC Document 219 Filed 10/16/20 PageID.2231 Page 2 of 3
`
`
`
`
`Court’s schedule as to when to schedule the motion hearing and only suggests that it be
`set for an off-calendar day to accommodate the complexity of the issues in dispute.
`
`The government’s response is based on the following:
`On October 1, 2020, defense counsel contacted the government to request
`1.
`additional time for preparing their opening supplemental brief; at the time, defendants
`proposed that their motion be due on October 22, 2020, that the government’s
`opposition be due on November 5, and that defendants’ reply be due on November 12,
`2020. The government responded the same day and advised defense counsel that it was
`open to a modified schedule, but explained that, because a member of the prosecution
`team was in trial on November 2, 2020, that the government would need additional
`time. Defendants rejected the government’s proposed schedule.
`On October 15, 2020, defense counsel filed a Motion to Continue Briefing
`2.
`Schedule (ECF No. 216) that incorrectly noted the motion was a joint motion in ECF.
`Defendants’ motion, however, did not contain this error and was correctly signed only
`by defense counsel. Defendants’ Motion proposed that its opening brief be due on
`November 2, 2020, the government’s response be due by November 16, 2020, and the
`reply be due by November 23, 2020. Defense counsel submitted a proposed Order with
`these dates.
`That same day, October 15, 2020, government counsel contacted the
`3.
`Court’s staff to advise that the government did not oppose defense counsel’s request for
`additional time, but did oppose the proposed government response date and would file
`a response no later than today.
`Earlier today, the Court signed defendants’ proposed Order.
`4.
`5.
`Although the prosecution team has three attorneys, all three have conflicts.
`One is scheduled for trial on November 2, 2020. Another is scheduled for trial on
`November 9, 2020. The third is one of the office’s two election security specialists and
`on duty for election-related issues the week of November 2, 2020. In light of
`
`-2-
`
`
`Gov. Resp.to Def.’s Mot. to Continue Briefing
`18cr4686-GPC.
`
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
`
`
`
`Case 3:18-cr-04683-GPC Document 219 Filed 10/16/20 PageID.2232 Page 3 of 3
`
`
`
`
`government counsel’s conflicts with the current schedule and defense counsel having
`received additional time themselves, the government requests that the Court modify the
`briefing schedule to permit the government to file its response by November 23, 2020.
`To accommodate the Thanksgiving holiday, the government suggests that defendants’
`reply brief be due by December 7, 2020. The government defers to the Court’s schedule
`with regard to the best motion hearing date.
`DATED: October 16, 2020
`
`
`Respectfully Submitted,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`ROBERT S. BREWER, JR.
`United States Attorney
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`________________________
`SABRINA L. FEVE
`Assistant United States Attorney
`
`Gov. Resp.to Def.’s Mot. to Continue Briefing
`18cr4686-GPC.
`
`
`
`
`-3-
`
`
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
